TERMS: real estate transactions | real estate disputes | sale of real property | partition of land |
deed restrictions | restrictive covenants | home owners associations | deeds | warranty deed | deed of trust
| title dispute | clear title | cloud on title |
lis pendens | trespassing | trespass to try title action | breach of
contract | breach of earnest money contract | real estate fraud |
escrow | suit to set aside deed |
RELATED CASE LAW PAGES: homeowner law | lease law | landlord-tenant disputes |
condemnation, eminent domain proceedings | construction law and litigation | foreclosure |
consumer law and litigation | property tax appraisal protests and appeals | premises liability suits |   

RECENT DECISIONS OF HOUSTON COURTS OF APPEALS
IN REAL ESTATE LITIGATION

Alattar v. Ganim (Tex.App.- Houston [14th  Dist.] Feb. 18, 2010)(Hedges)
(
real estate transaction, statute of frauds applied and was not satisfied, judgment reversed and
take-nothing judgment entered)
REVERSED AND RENDERED: Opinion by
Chief Justice Hedges      
Before Chief Justice Hedges, Justices Anderson and Boyce    
14-08-00756-CV  Farouck (Frank) Alattar v. John Ganim    
Appeal from 400th District Court of Fort Bend County
Trial Court Judge: Clifford J. Vacek   

Underwood Graves v. Logan (Tex.App.- Houston [1st Dist.] Jan. 28, 2010)(Bland)
(
real estate transactions, failure to promptly provide pay-off amount for real estate loan not actionable)
(
failure to prove existence of contractual obligation to provide pay-off statement, no quasi contract,
earnest money contract deadline missed, no closing)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by
Justice Bland     
Before Justices Taft, Bland and Sharp   
01-08-00359-CV  Deborah H. Underwood Graves v. Nancy D. Logan    
Appeal from 212th District Court of Galveston County
Trial Court Judge:
Hon. Susan Elizabeth Criss

Craig v. Varon (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Jennings)
(
real estate contract, indemnity agreement, trial of issues by consent)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings  
Before Justices Jennings, Higley and Sharp    
01-08-00794-CV Bob Craig, 6030 South Rice, Ltd. v. Jacobo Varon, Charter Title Company    
Appeal from 127th District Court of Harris County
Trial Court Judge: Hon. Shearn Smith   

Speck v. First Evangelical Lutheran Church of Houston (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Bland)
(
construction law, nonpayment claim for services, quantum meruit, unjust enrichment, sworn account,
JNOV
)(insufficient record for appeal)
AFFIRM TC JUDGMENT: Opinion by
Justice Bland  
Before Chief Justice Radack, Justices Bland and Massengale    
01-09-00605-CV        Pat K. Speck v. First Evangelical Luthern Church of Houston and Dry Bones Coffee
House Inc. and Dry Bones Coffee House    
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge:  
Jacqueline Lucci-Smith

Nguyen v. Yovan (Tex.App.- Houston [14th Dist.] Oct. 1, 2009)(Keyes)
(
real estate transaction, statute of frauds governing conveyance, sale of real estate, contract for deed)  
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by
Justice Keyes   
Before Justices Jennings, Keyes and Higley   
01-07-00660-CV  Anna Marie Nguyen v. Alex Yovan and Philip Yovan   
Appeal from 212th District Court of Galveston County
Trial Court
Judge: Hon. Susan Elizabeth Criss

Robertson v. Barnes (Tex.App.- Houston [14th Dist.] July 30, 2009)(Sullivan)
(
home owner, consumer law, DTPA, home in poor condition, stucco problem, failure to disclose claim,
structural repair for seller's disclosure purposes
construed as referring to repair of loadbearing
components) (
directed verdict affirmed)  
AFFIRMED: Opinion by
Justice Sullivan  
Before Justices Brock Yates, Guzman and Sullivan  
14-07-00791-CV  Chris Robertson v. Joe Barnes and Sandion, Ltd d/b/a Coldwell Banker United, Realtors
Appeal from 280th District Court of Harris County
Trial Court Judge:
TONY LINDSAY

Financial Freedom Senior Funding Corp. v. Horrocks (Tex.App.- Houston [1st Dist.] Jul. 21,
2009)(Anderson) (
real estate litigation, probate law, suit to quiet title, declaratory judgment, demand note,
life estate, reverse mortgages, statute of limitations for foreclosure of lien in real property, deed of trust)
AFFIRMED: Opinion by
Justice Anderson     
Before Chief Justice Hedges, Justices Anderson and Seymore   
14-08-00109-CV Financial Freedom Senior Funding Corp v. Michael L. Horrocks, Administrator of Estate
of Mary Edythe Mullane, Deceased   
Appeal from Probate Court No 4 of Harris County
Trial Court Judge: WM CAMERON MCCULLOCH  

Kazmir v. Benavides (Tex.App.- Houston [14th Dist.] Jun. 23, 2009)(Anderson)(real estate litigation:
adverse possession)
Decision: TRIAL COURT'S JUDGMENT AFFIRMED: Opinion by
Justice Anderson     
Panel members: Chief Justice Hedges, Justices Anderson and Hudson   
14-08-00034-CV Adolph R. Kazmir and Ruth S. Kazmir v. Ruben A. Benavides and Sylvia Benavides  
Appeal from 270th District Court of Harris County
Trial Court
Judge: Hon. Brent Gamble

Grant, MD v. Clouser (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Boyce)
(
REAL ESTATE LITIGATION, partition of real estate, homestead rights)
REVERSED AND REMANDED: Opinion by
Justice Boyce    
Before Justices Frost, Brown and Boyce   
14-07-00789-CV  Howard Grant, M.D. v. Shawna M. Clouser and Valerie M. Jamison as the Personal
Representative of the Estate of Mark E. Jamison, Sr.    
Appeal from 11th District Court of Harris County
Trial Court
Judge: Mark Davidson

Hahn v. Love (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(Higley)
(
real estate law , judgment lien, cloud on title, constructive trust counterclaim, intervention, satisfaction of
judgment, real estate, enforcement of judgment, lien, abstract of judgment, cloud on title, real estate
fraud,
bona fide purchaser defense, constructive trust counterclaim, intervention, satisfaction of judgment,
UFTA fraudulent transfer claim, bona fide purchaser) , insider, UDJA declaratory judgment suit)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by
Justice Keyes  
Before Chief Justice Radack, Justices Keyes and Higley
01-07-00096-CV  Allon R. Hahn, Individually and d/b/a Hahn's Gulf Service v. Bertrand Love
Appeal from 157th District Court of Harris County
Trial Court
Judge: Hon. Ronald L. Wilson

Luccia v. Ross (Tex.App.- Houston [1st Dist.] Sep. 4, 2008)(Alcala)
(
lease law, real estate sale purchase option for property, specific performance)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by
Justice Alcala
Before Justices Taft, Keyes and Alcala
01-07-00080-CV        Paul Luccia, Individually and d/b/a Cabot & Rowe v. Kathryn L. Ross
Appeal from 80th District Court of Harris County
Trial Court Judge:
Hon. Kent C. Sullivan

Karen McCright v. Rodriguez (Tex.App.- Houston [1st Dist.] June 26, 2008)(Jennings)
(
real estate law, property dispute, foreclosure, deed)
AFFIRM TC JUDGMENT: Opinion by
Justice Terry Jennings  
Before Chief Justice Radack, Justices Jennings and Bland)
01-07-00480-CV        Karen McCright v. Josh Rodriguez and Emmett Sterling Huff
Appeal from 125th District Court of Harris County
Trial Court
Judge: Hon. John Coselli  

WMC Mortgage Corp., v. Adams (Tex.App.- Houston [14th Dist.] July 3, 2008)(Yates)  
(
real estate transaction, equitable lien)
REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Brock Yates  
Before Judge Sears, Justices Brock Yates and Guzman
14-06-00671-CV WMC Mortgage Corp., Emmanuel D. Gaines, and Darrell Turner v. James Adams and
Dorothy Adams
Appeal from 127th District Court of Harris County
Trial Court
Judge: Sharolyn P. Wood

Rinn v. Wennenweser (Tex.App.- Houston [1st Dist.] July 3, 2008)(Jennings)
(real estate law,
easement dispute, validity)
AFFIRM TC JUDGMENT: Opinion by
Justice Jennings  
Before Justices Taft, Jennings and Bland
01-07-00763-CV Leeland Rinn v. Max Wennenweser
Appeal from 155th District Court of Austin County
Trial Court Judge: Hon. Dan R. Beck  

Ward v. Northamption MUD (Tex.App.- Houston [14th Dist.] June 12, 2008) (Hedges) (easement dispute)
AFFIRMED: Opinion by
Chief Justice Hedges  
Before Chief Justice Hedges, Justices Hudson and Boyce
14-07-00868-CV Robert Ward v. Northampton Municipal Utiity District
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court
Judge: Roberta Anne Lloyd  

Kindsfather v. Green (Tex.App.- Houston [1st Dist.] May 22, 2008)(Taft)(real estate law, forged deed)
AFFIRM TC JUDGMENT: Opinion by
Justice Tim Taft  
Before Justices Taft, Keyes and Alcala
01-06-01111-CV Ray Kindsfather v. Frank Green
Appeal from 113th District Court of Harris County
Trial Court Judge:
Hon. Patricia Hancock
Appellante: Ray Kindsfather, pro se; Appellee's attorney: Erin L. Westendorf, John Hagaman Polk

Lofton v. Dyer (Tex.App.- Houston [1st Dist.] May 15, 2008)(Hanks)
(real estate law,
trespass to try title, adverse possession)
AFFIRM TC JUDGMENT: Opinion by J
ustice Hanks
Before Justices Nuchia, Hanks and Higley
01-07-00184-CV Percy Lofton, Jr., Conal Lofton, James Lofton, Lonnie E. Turner, Carol S. Lofton Fowler,
Delilah A. Lofton, and Horace Lofton v. Eddie Dyer
Appeal from 278th District Court of Grimes County
Trial Court Judge: Hon. Kenneth Keeling  

Chappel Hill Bank v. Lillian Smith (Tex.App. - Houston [14th Dist.] May 8, 2008)(Brown)  
(real estate law,
easement, attorneys fees)
AFFIRMED: Opinion by Justice Brown  
Before Chief Justice Hedges, Justices Brown and Boyce
14-07-00099-CV Chappell Hill Bank v. Lillian Smith
Appeal from 335th District Court of Washington County
Trial Court Judge: Terry Flenniken  

URI Cohen v. Hawkins (Tex.App. - Houston [14th Dist.] Apr. 15, 2008)(Hedges)
(
real estate transaction, setting aside deed, clean hands, bona fide purchaser)
AFFIRMED: Opinion by
Chief Justice Hedges  
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-00043-CV URI Cohen v. Delores Hawkins
Appeal from 334th District Court of Harris County
Trial Court Judge:
Sharon McCally

Rakowski v. Committee to Protect Creek Village Homeowner's Rights (Tex.App. - Houston [14th Dist.] Apr.
3, 2008) (Subst. plurality op. by Edelman) (subdivision
restrictive covenant dispute, homeowner law)
AFFIRMED: Opinion by
Justice Edelman
14-05-01143-CV Robert A. Rakowski and Clear Creek Civic Association, Inc. v. Committee to Proctect
Clear Creek Village
Homeowners' Rights and Preserve our Park
Appeal from 405TH District Court of Galveston County
Concurring and Dissenting Opinion by Justice Frost in Robert A. Rakowski and Clear Creek Civic
Association, Inc. v. Committee to Proctect Clear Creek Village Homeowners' Rights and Preserve our
Park. Trial Court Judge: Wayne J. Mallia

Howeth Investments, Inc. v. The City of Hedwig Village (Tex.App.- Houston [1st Dist.] Apr. 17, 2008)(Taft)
(real estate law,
land regulation, plat application, constitutional challenge)
AFFIRM TC JUDGMENT: Opinion by
Justice Taft  
Before Justices Taft, Alcala and Hanks
01-05-00904-CV Howeth Investments, Inc., and Jack Howeth, as Trustee for the 881 Development Trust
and the 901 Development Trust-assignees for Howeth Investments, Inc. v. The City of Hedwig Village, The
City of Hedwig Village
Planning and Zoning Commission, and S. Frank White, Robert A. Wiener, Norman
E. Ward and Kathering Vazquez
Appeal from 189th District Court of Harris County
Trial Court Judge:
Hon. William R. Burke, Jr.

Thompson v. Winkelmann (Tex. App.- Houston [1st Dist.] Apr. 3, 2008)(Alcala) (real estate law, access to
cemetery,
probate cases)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by
Justice Alcala
Before Justices Taft, Keyes and Alcala
01-06-00457-CV Sampson Thompson, Jr. and Earline Thompson, Gordon Ray Johnson v. Sam A.
Winkelmann, Jr. et al.
Appeal from County Court at Law No 3 & Probate Court of Brazoria County

Backhus v. Werchan Wisnoski (Tex.App. - Houston [1st Dist.] Mar. 13, 2008)(Nuchia)
(
probate law, construction of will, real estate law, partition of land)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
01-07-00041-CV Sharon Swank Backhus; Benjamin F. Swank, III; Shannon Lea Werchan Pickering;
Swank Turner Backhus; Benjamin Fontaine Swank, IV; Christian Harris Swank; and Suzanne Swank Porter
v. Haven Lynn Werchan Wisnoski and Shane Alan Werchan
Appeal from 12th District Court of Grimes County
Trial Court Judge: Hon. William McAdams  

Ramirez Restrepo v. Gutierrez (Tex.App.- Houston [1st Dist.] Jan. 31, 2008)(Higley)
(real estate transactions,
trespass to try title action, tenants, lease law)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Justices Nuchia, Hanks and Higley
01-06-01100-CV Edgar Ramirez Restrepo and Gerardo Campo Ramirez v. Ingrid X. Gutierrez
Appeal from 11th District Court of Harris County (
Judge Mark Davidson)  

Foote v. Tate (Tex.App. - Houston [1st Dist.] Jan. 31, 2008)(Nuchia)
(real estate law,
contract construction, consideration)
AFFIRM TC JUDGMENT: Opinion by
Justice Nuchia
Before Justices Nuchia, Hanks and Higley
01-06-00956-CV Kennitra M. Foote v. Monica J. Tate
Appeal from 270th District Court of Harris County (
Judge Brent Gamble)

Sheffield v. Gibson (Tex.Ap.- Houston [14th Dist.] Jan. 22, 2008)(Fowler)
(real estate transaction law, home purchase, lis pendens,
fraud, DTPA claim)
AFFIRMED: Opinion by Justice Fowler
Before Justices Anderson, Fowler and Frost
14-06-00483-CV George K. Sheffield and Creed Corporation v. John Gibson
Appeal from
190th District Court of Harris County (name of judge not shown on docket, presumably
Jennifer Elrod)
Was lender supposed to research possibility that cancelled lis pendens pursuant to divorce decree could be ultimately
ineffective because judgment might be overturned by court of appeals? Court of Appeals does not give clear answer on
whether lender entitled to rely on recorded cancellation document; reverses and remands for determination of facts.
Neither party entitled to summary judgment.

World Savings Bank v. Gantt (Tex.App.- Houston [14th Dist.] Jan. 17, 2008)(Anderson)
(real estate law,
lis pendens, actual notice of defective title, cloud on title, potential encumbrance)
REVERSED AND REMANDED: Opinion by
Justice Anderson
Before Judge Sears, Justices Brock Yates and Anderson
14-05-00833-CV World Savings Bank, F.S.B. v. Carol Gantt
Appeal from 309th District Court of Harris County (
Judge Frank Barlow Rynd)  

Home Equity Loan and Lien not void, only voidable. Failure to appeal entails res judicata effect.
Lender was entitled to cure defect, and offered to do so
Summers v. Ameriquest Mortgage Co. (Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Fowler)
(real estate law,
home owner law, foreclosure, home equity loan, res judicata, summary judgment)
AFFIRMED: Opinion by
Justice Fowler
14-06-00734-CV Kelly Lee Summers v. Ameriquest Mortgage Company
Appeal from 151st District Court of Harris County (
Hon. Caroline Elizabeth Baker)

Nayyer v. Greenbriar Place Maintenance  Ass'n (Tex.App.- Houston [1st Dist.] Jan. 17, 2008)(Keyes) (real
estate,
maintenance assessments)
AFFIRM TC JUDGMENT: Opinion by
Justice Evelyn Keyes
01-06-00566-CV Vijay K. Nayyer v. Greenbriar Place Maintenance Association
Appeal from County Civil Court at Law No 4 of Harris County (
Hon. Roberta A. Lloyd)

Cypress Northwest Associates, Ltd v. Wayne Duddlesten, Ltd (Tex.App.- Houston [1st Dist.] Dec. 20,
2007) (Hanks) (
real estate, deed restrictions, land development, BoC, restrictive covenant, deed)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by
Justice Hanks
01-05-00827-CV Cypress Northwest Associates, Ltd. v. Wayne Duddlesten, Ltd., and BC Alliance,
Inc.Appeal from 127th District Court of Harris County (
Judge Sharolyn Wood)

Rakowski v Committe to Protect Clear Creek Village (Tex.App.- Houston [14th Dist.] Dec. 20, 2007)
(Plurality opinion by Edelman) (real estate law, title,
deed restrictions, restrictive covenants, commercial
use, recreational use)(
appel with dissent)
AFFIRMED: Opinion by Justice Edelman
Before Justices Fowler, Edelman and Frost
14-05-01143-CV Robert A. Rakowski and Clear Creek Civic Association, Inc. v. Committee to Protect
Clear Creek Village Homeowners' Rights and Preserve our Park
Appeal from 405TH District Court of Galveston County (Hon. Wayne J. Mallia)  
Justice
Frost wrote separately in Rakowski v Committee to Protect Clear Creek Village (Tex.App.- Houston
[14th Dist.] Dec. 20, 2007)(
Concurring and Dissenting Opinion by Justice Frost)

Fedgess Shopping Centers, Ltd. v. MNC SSP, Inc. (Tex.App. Houston [14th Dist.] Dec. 18, 2007)(Hedges)
(real estate law, escrow funds)
AFFIRMED: Opinion by Chief Justice Hedges
14-07-00211-CV Fedgess Shopping Centers, Ltd. v. MNC SSP, Inc.; MNC MCT, Inc.; MNC Memorial City
Terrace, L.P.; and MNC Spring Shadows Place, L.P.
Appeal from 190th District Court of Harris County (
Hon. Jennifer Elrod Walker)

Bradley v. Peters (Tex.App.- Houston [1st Dist.] Dec. 6, 2007)(Bland)(real estate law, easement)
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Alcala and Bland
01-07-00081-CV Paul D. Bradley v. Milton Peters, Rodney Rice and Laura Rice
Appeal from 21st District Court of Washington County (Hon. Terrill L. Flenniken)

Mitchell v. Garza II (Tex.App.- Houston [1st Dist.] Dec. 6, 2007)(op. on rehr'g by Hanks)
(real estate law,
easement by estoppel)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Taft, Hanks and Higley
01-06-00959-CV Robert S. Mitchell and Leta M. Mitchell v. Arturo Garza
Appeal from 129th District Court of Harris County (
Hon. Grant Dorfman)

Choice Acquisition No. Two Inc. v. Noesi (Tex.App.- Houston [14th Dist.] Aug. 7, 2007)(Guzman)
(real estate law, title dispute, apartment complex)
AFFIRMED: Opinion by Justice Guzman
Before Chief Justice Hedges, Justices Hudson and Guzman
14-06-00973-CV        Choice Acquisitions No. Two Inc. and Lior Avni v. Hector Noesi & Josefina
Alcantar--Appeal from 295th District Court of Harris County (
Judge Tracy Kee Christopher)

Chicago Title Co. v. Home Loan Corp. (Tex.App.- Houston [14th Dist.] Apr. 24, 2007)(Edelman)
(real estate loan transaction, fiduciary duty of title company
escrow agent)

Whaley v. Central Church of Christ of Pearland (Tex.App.- Houston [1st Dist.] Mar 8, 2007)(Justice Elsa
Alcala)(real estate law, dispute, easement)

Choice Personnel No. Four, Inc. v. 1715 Johanna Square Ltd. (Tex.App. - Houston [1st Dist.] Apr. 13,
2007)(Alcala) (third appeal,
real estate law, foreclosure, title, limitations, res judicata)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
Before Justices Taft, Alcala and Hanks
01-05-00830-CV  Choice Personnel No. Four, Inc., and Choice Acquisitions No. Three, Inc. v. 1715
Johanna Square Ltd., J&B Richmore Management, L.L.C., J&B Gilmore Management L.L.C.
Appeal from 125th District Court of Harris County (
Judge John Coselli)

Gillebaard v. Bayview Acres (Tex.App. - Houston [1st Dist.] Nov. 15, 2007)(Taft)(deed restrictions)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR
FURTHER PROCEEDINGS: Opinion by Justice Taft
Before Justices Taft, Jennings and Alcala
01-05-00961-CV Frans Gillebaard and Diane Gillebaard v. Bayview Acres Association, Inc., Abbott
Sprague, Lloyd Thorton, James Flanigan, and Charles H. Prioleau
Appeal from 405th District Court of Galveston County (Hon. Wayne J. Mallia)

Barrow v. Pickett (Tex.App.- Houston [1st Dist.] Nov. 8, 2007)(Keyes)(real estate law, easement, rural,
electrical cattle fence, attorney's fees)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR
FURTHER PROCEEDINGS: Opinion by Justice Keyes
Before Justices Nuchia, Jennings and Keyes
01-06-00664-CV Nick Barrow v. Carl N. Pickett
Appeal from 344th District Court of Chambers County (Carroll E. Wilborn, Jr.)
This is a real property dispute concerning the nature and scope of an express easement. Appellant Nick Barrow, holder of
the servient estate, appeals the trial court's judgment permanently enjoining him from placing a two-wire electric cattle gate
across the roadway easement providing access to appellee Carl N. Pickett's dominant estate. In his sole point of error,
Barrow contends that the trial court erred when it interpreted the Access Easement Agreement to mandate that Pickett's
passage along the easement be uninterrupted by obstructions and permanently enjoined Barrow's use of the gate across
the easement.
We reverse and render on the merits and remand for reconsideration of attorney's fees.
We reverse the trial court's orders granting injunctive relief and render judgment that the temporary, permanent, and
mandatory injunctions are dissolved. We reverse that portion of the trial court's judgment awarding attorney fees to Pickett
and remand that issue to the trial court for further proceedings consistent with this opinion.

Cole v. Cassel (Tex.App.- Houston [1st Dist.] Nov. 1, 2007)(Alcala) (DTPA, real estate, earnest money,
breach of contract, common law fraud, real estate fraud,
negligent misrepresentation, and detrimental
reliance resulting from a failed real estate contract. Summary judgment for defendant affirmed.)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Bland
01-06-00304-CV Curtis S. Cole v. Craig Cassel, Brenda Cassel, Marcia Clark, Preston Jullian
Appeal from 281st District Court of Harris County (
Hon. David J. Bernal)

Greene v. Glass (Tex.App.- Houston [14th Dist.] Oct. 16, 2007)(Fowler)
(real estate transactions, probate law, conveyance of undivided interest in real property, parol gift,
statute
of frauds)
AFFIRMED: Opinion by Justice Fowler
Before Chief Justice Hedges, Justices Fowler and Edelman)
14-06-00787-CV Robin Reindl Greene and Karen Reindl Koch v. Rose Casteel Glass, Independent
Administrator of the Estate of Alicia Marcos-Diaz Reindl
Appeal from Probate Court No 1 of Harris County (Hon. Russell P. Austin)

Mark McCoy v. Rogers (Tex.App.- Houston [1st Dist.] May 31, 2007)(Radack)
[real estate transaction law, suit to set aside constable sale deed, notice issue]
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Keyes and Higley
01-06-00240-CV
Mark McCoy v. Renee Rogers and Timothy Rogers
Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray)

Chicago Title Co. v. Home Loan Corp. (Tex.App.- Houston [14th Dist.] Apr. 24, 2007)(Edelman)
(real estate loan transaction, fiduciary duty of title company escrow agent)

Fort Bend County, Texas v. The Burlington Northern & Santa Fe Railway Company (Tex.App.- Houston
[14th Dist.] Jun. 21, 2007(Hudson)(
condemnation, reimbursement, plea to the jurisdiction)

Potcinske v. McDonald Property Investments, Ltd. (Tex.App.- Houston [1st Dist.] Jun 15,
2007)(Higley)(real estate, BoC)
[real estate case law, contract for sale of real property, breach of contract, BoC,
specific
performance]AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Judge Wilson, Justices Keyes and Higley
01-06-00718-CV        Jon A. Potcinske v. McDonald Property Investments, LTD
Appeal from 334th District Court of Harris County (
Hon Sharon McCally)

Motiva Enterprises LLC v. McCrabb (Tex.App.- Houston [1st Dist.] May 17,
2007)(Jennings)(
condemnation, eminent domain)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Justices Nuchia, Jennings and Higley
01-06-00701-CV Motiva Enterprises, LLC v. Audeen McCrabb, Norma Ann Euton, Connie Mendez, Tom
Mendez, Kirk McCrabb, Kathy McCrabb, Scott McCrabb, Sarah McCrabb, Joseph McCrabb and Rebecca
McCrabb
Appeal from County Civil Court at Law No 4 of Harris County (
Judge Roberta A. Lloyd)

Mark McCoy v. Rogers (Tex.App.- Houston [1st Dist.] May 31, 2007)(Radack)
[suit to set aside constable sale
deed, notice issue]
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Keyes and Higley
01-06-00240-CV
Mark McCoy v. Renee Rogers and Timothy Rogers
Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray)

Atu v. Slaugher (Tex.App.- Houston [14th Dist.] Sep. 13, 2007)(Frost)(homeowner law, home owners
association,
foreclosure sale, excess proceeds, interpleader)
AFFIRMED IN PART/REVER.& REND.& REVER. & REM.: Opinion by Justice Frost,
Opinion by Justice Fowler, Opinion by Justice Anderson
Before Justices Anderson, Fowler and Frost
14-06-00771-CV Biodun Atu v. Kristi A. Slaugher, Trusteee, Et Al
Appeal from County Civil Court at Law No 2 of Harris County (
Judge Gary Michael Block)

.
Real Estate Case Law - Houston Appellate Courts
Houston Opinions

RECENT TEXAS SUPREME COURT CASES
IN THE AREA OF REAL ESTATE LAW

AIC Management v. Crews, No. 05-0270 (Tex. Jan 25,
2008)(
O’Neill) (condemnation, sufficiency of legal
description,
UDJA)

Lasalle Bank Nat'l Assn. v. White, No. 06-1016 (Tex.
Dec. 21, 2007)(per curiam)(real estate law,
agricultural
homestead, home-equity loan, lien validity)

Ford v. Exxon Mobil Chemical Co., No. 06-0293 (Tex.
Aug. 31, 2007)(per curiam)(real estate fraud,
limitations)

Norris v. Thomas, No. 05-0476 (Tex. Feb. 9, 2007)
(Willet) (boat not
homestead under Texas homestead
law)

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